Bit surprised....contractors being told to take time off for 'wellness'

[David71]

Bit of a funny one that's surprised me and I was wondering if others have had similar experiences.

My current role is against deliverable milestones via a public tendered bid which I won - so far away from IR35 problems....but....

I'm working alongside other contractors who are contracted to a different body to myself; they are on a day rate etc. but have all been declared as Outside IR35 - as far as I can see this IR35 determination appears to be accurate....until today....

The chap I work closely with has told me his client (NOT my client) is making him, and all other contractors, take a week off in Jan or Feb as a 'wellness break'!

My reaction was 'tell them you're a contractor and it's not their business when you take any breaks' (actually I worded it a bit stronger than that ), but he said when he questioned it he was told there was a bit in his contract that meant he had to take the break.

Anyone else seen this? Not a general 'shut down' over Christmas or similar but being told you had to take a break at some point over the next month or so for your 'wellbeing'?

[Lance]

clients still have a duty of care. I cannot see this as anything other than either the client wanting an enforced furlough period that sounds different, or just as it says for welfare reasons.

I would only consider it an IR35 problem if they paid the contract for the enforced break.

[cojak]

Yep, it’s an enforced furlough outside of the usual Christmas break.

Tell your mate to ask them if the project timescales have been amended to include this ‘wellness’ break.

My guess is that they won’t have been.

[b0redom]

LOL. Paying inside IR35 contractors for time not worked.

In my current inside IR35 gig, I've been told:

1) You're being furloughed (at short notice with no pay) over Xmas
2) You have to provide your own equipment
3) No you can't use our subsidised certification stuff (that costs ClientCo nothing), that's only for employees
4) No you're not invited to company events

TBH I don't really care 4 (and 3 is only a minor inconvenience), but it does feel a bit like having your cake and eating it.

[David71]

ask them if the project timescales have been amended to include this ‘wellness’ break.

My guess is that they won’t have been.

Nope they haven't been. And as he's part of the testing plan (which I'm consulting on) it's going to stuff things up next week when I thought he'd be available and now he isn't.

[northernladuk]

My reaction was 'tell them you're a contractor and it's not their business when you take any breaks' (actually I worded it a bit stronger than that ), but he said when he questioned it he was told there was a bit in his contract that meant he had to take the break.

You'd be wrong then. You are a supplier to a client and if that client doesn't want you then you suck it up. It's part of the T&M way we work. Client might be completely misguided with this wellness rubbish or it could just be a wheeze to cut the contracting budget down but it is their business and if they don't want you on site for whatever reason then that's that. Complain about it because its stupid by all means, and I'd be with you on that, but don't get ahead of yourself and what you are in the working chain.

And if it's in the contract then it's a given. Many odd clauses in contracts. Working max of 200 days a year or some figure has appeared in many contracts in the past for example.

[TheDude]

Tell them that you take your wellness breaks on tropical beaches between contracts rather than in cold and wet UK Januarys and Februarys.

[eek]

LOL. Paying inside IR35 contractors for time not worked.

In my current inside IR35 gig, I've been told:

1) You're being furloughed (at short notice with no pay) over Xmas
2) You have to provide your own equipment
3) No you can't use our subsidised certification stuff (that costs ClientCo nothing), that's only for employees
4) No you're not invited to company events

TBH I don't really care 4 (and 3 is only a minor inconvenience), but it does feel a bit like having your cake and eating it.

2 would be a complete no for me. Sorry but I don't want to connect my systems to your network.

[WTFH]

Tell them that you take your wellness breaks on tropical beaches between contracts rather than in cold and wet UK Januarys and Februarys.

Or go skiing.

[SueEllen]

2 would be a complete no for me. Sorry but I don't want to connect my systems to your network.

Agreed if the gig is inside IR35 they need to provide the equipment.

I would have simply said I don't have a laptop/PC suitable for doing their kind of work on.